Brar (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr. Brar concerning a decision to refuse a Skilled Work Regional (Provisional) (Class PS) visa, subclass 491. The dispute centred on whether the AAT had jurisdiction to hear Mr. Brar's application for review, given the timing of its lodgement.

The primary legal issue before the AAT was whether Mr. Brar's application for review was made within the time prescribed by the relevant legislation. This involved determining the date from which the time limit for lodging an application for review commenced and whether the application was lodged within that period.

The AAT Member, De-Anne Kelly, found that the application for review was not received by the Tribunal until 6 January 2022. This date was more than 21 days after the notification of the department's refusal decision. Consequently, the AAT Member concluded that the application for review was not made in accordance with the relevant legislative requirements, meaning the Tribunal lacked jurisdiction to consider the matter.

The Tribunal therefore determined that it did not have jurisdiction in this matter.